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Public Notice: Dorothy K. Awai Revocable Living Trust, Haleiwa, HI; Proposed Settlement of Safe Drinking Water Act Administrative Penalty

Dorothy K. Awai Revocable Living Trust, Haleiwa, HI; Proposed Settlement of Safe Drinking Water Act Administrative Penalty
How to Comment
Comments Due
July 14, 2025

Mailing Address, Telephone Number, and Email of EPA Region 9 Enforcement Officer:
EPA Region 9 Enforcement and Compliance Assurance Division
Attn: Jelani Shareem, Enforcement Officer
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ECAD-3-3)
San Francisco, CA 94105
(415) 972-3095
shareem.jelani@epa.gov

If you submit comments, please provide with those comments the following information: Your full name, mailing address, telephone number, email address, the Docket Number (SDWA-UIC-AOC-09-2025-003), and a concise statement of the basis for and relevant facts supporting any comments you submit.

Persons wishing to comment on this case are invited to submit a statement to the EPA Region 9 Enforcement Officer, attention of Jelani Shareem (address above), within 30 days of the date of this public notice. We encourage electronic submittals of comments in addition to any hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to Mr. Shareem via email at shareem.jelani@epa.gov or via telephone at (415) 972-3095.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to Mr. Shareem by email or telephone.

All comments on the Proposed Order that EPA receives will be available to the public, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through e-mail. If you send e-mail directly to the EPA, your e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with your comments if you wish to receive direct notification of EPA’s final decision regarding this Proposed Order.

All comments received within this 30-day period will be considered prior to the issuance of a Final Order. In accordance with section 1423(c)(3)(C) of the SDWA, 42 U.S.C. § 300h-2(c)(3)(C), any person who comments on the Proposed Order will be given notice of any hearing that might be held on the Proposed Order, and if any hearing is held, shall have a reasonable opportunity to be heard and to present evidence.

If the 30th day of this comment period falls on a Saturday, Sunday or federal holiday, the comment deadline shall be extended to the next business day.

Publish Date
June 11, 2025

Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in an administrative order on consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency Region 9 (“EPA”) and the Dorothy K. Awai Revocable Living Trust. The Proposed Consent Order requires the Dorothy K. Awai Revocable Living Trust to correct certain alleged ongoing violations of the SDWA, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.

In the Matter of the Dorothy K. Awai Revocable Living Trust, Docket No. SDWA-UIC-AOC-09-2025-003

The Proposed Consent Order requires Respondent to close seven (7) large-capacity cesspools that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing large-capacity cesspools. Section V of the Proposed Consent Order provides an enforceable schedule for the Dorothy K. Awai Revocable Living Trust to come into compliance with the ban, including replacement of the large-capacity cesspools with state approved individual wastewater systems.

Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent: The Dorothy K. Awai Revocable Living Trust

Facility: Awai Lane Residential Housing Complex, Haleiwa, HI

Alleged Violations: EPA alleges that, since April 5, 2005, Respondent owned and/or operated seven (7) large-capacity cesspools in violation of the large-capacity cesspool ban, which required closure of all large-capacity cesspools by April 5, 2005. The continued operation of these large-capacity cesspools is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA. The seven (7) large-capacity cesspools at issue serve seven low-income duplex residences in the Awai Lane Residential Housing Complex, Haleiwa, HI.

For More Information

Persons wishing to comment upon the Proposed Consent Order may contact the EPA Region 9 Enforcement Officer for this matter at the address identified above. Please note that the federal regulations cited in the Proposed Consent Order are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for the proceeding is located at the office of the EPA Region 9 Enforcement Division (address above) and the file will be open for public inspection during normal business hours.

Applicants or Respondents

Dorothy K. Awai Revocable Living Trust

Docket Numbers

  • SDWA-UIC-AOC-09-2025-003

Related Documents

  • Administrative Order on Consent: The Dorothy K. Awai Revocable Living Trust (pdf) (277.97 KB, June 5, 2025)
    Administrative Order on Consent in the Matter of the Dorothy K. Awai Revocable Living Trust. Docket No. SDWA-UIC-AOC-09-2025-003.

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Last updated on June 11, 2025
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